L v L [2006] EWHC 956 (Fam) (02 May 2006)

L v L [2006] EWHC 956 (Fam) (02 May 2006)

Bad legal advice is not a ground for setting aside a consent order in ancillary relief proceedings. The husband's applications to set aside or vary the consent order, insofar as they rely on bad legal advice or alleged pressure not amounting to undue influence, disclose no reasonable grounds and are an abuse of process. The public interest in finality of litigation requires that such applications be struck out or summarily dismissed.

Citation
[2006] EWHC 956 (Fam)
Parties
Petitioner (wife): L; Respondent (husband): L
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Ancillary Relief (financial Remedy) Proceedings Following Divorce / Application to Strike Out or Summarily Dismiss Husband's Consolidated Applications to Set Aside/vary Consent Order
Outcome
Husband's applications struck out/summarily dismissed
Legal Topics
Ancillary Relief, Consent Orders, Setting Aside Orders, Bad Legal Advice, Variation of Periodical Payments, Finality of Litigation
Family Law Ancillary Relief Consent Orders Setting Aside Orders Bad Legal Advice Variation of Periodical Payments Finality of Litigation

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Parties

L

Petitioner (wife)

L

Respondent (husband)

Procedural Posture

Ancillary Relief (financial Remedy) Proceedings Following Divorce / Application to Strike Out or Summarily Dismiss Husband's Consolidated Applications to Set Aside/vary Consent Order

Legal Issues

  1. 1 Whether bad legal advice is a ground for setting aside a consent order in ancillary relief proceedings
  2. 2 Whether the husband's applications to set aside or vary the consent order should be struck out or summarily dismissed

Ratio Decidendi

Bad legal advice is not a ground for setting aside a consent order in ancillary relief proceedings. The husband's applications to set aside or vary the consent order, insofar as they rely on bad legal advice or alleged pressure not amounting to undue influence, disclose no reasonable grounds and are an abuse of process. The public interest in finality of litigation requires that such applications be struck out or summarily dismissed.

Court Disposition

Husband's applications struck out/summarily dismissed

Orders

  • All four of the husband's applications to set aside, vary, or appeal the consent order are struck out or summarily dismissed.